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Testimony:
Before the Subcommittee on Homeland Security, Committee on
Appropriations, House of Representatives:
United States Government Accountability Office:
GAO:
For Release on Delivery Expected at 10:00 a.m. EDT:
Tuesday, March 20, 2007:
Critical Infrastructure:
Challenges Remain in Protecting Key Sectors:
Statement of:
Eileen R. Larence, Director:
Homeland Security and Justice Issues:
David A. Powner, Director:
Information Technology Management Issues:
GAO-07-626T:
GAO Highlights:
Highlights of GAO-07-626T, a testimony before the Subcommittee on
Homeland Security, Committee on Appropriations, House of
Representatives
Why GAO Did This Study:
As Hurricane Katrina so forcefully demonstrated, the nation’s critical
infrastructures—both physical and cyber—have been vulnerable to a wide
variety of threats. Because about 85 percent of the nation’s critical
infrastructure is owned by the private sector, it is vital that the
public and private sectors work together to protect these assets. The
Department of Homeland Security (DHS) is responsible for coordinating a
national protection strategy including formation of government and
private sector councils as a collaborating tool. The councils, among
other things, are to identify their most critical assets, assess the
risks they face, and identify protective measures, in sector-specific
plans that comply with DHS’s National Infrastructure Protection Plan
(NIPP). This testimony is based primarily on GAO’s October 2006 sector
council report and a body of work on cyber critical infrastructure
protection. Specifically, it addresses (1) the extent to which these
councils have been established, (2) key facilitating factors and
challenges affecting the formation of the council, (3) key facilitating
factors and challenges encountered in developing sector plans, and (4)
the status of DHS’s efforts to fulfill key cybersecurity
responsibilities.
GAO has made previous recommendations, particularly in the area of
cybersecurity that have not been fully implemented. Continued
monitoring will determine whether further recommendations are
warranted.
What GAO Found:
To better coordinate infrastructure protection efforts as called for in
the NIPP, all 17 critical infrastructure sectors have established their
respective government councils, and nearly all sectors have initiated
their voluntary private sector councils. But council progress has
varied due to their characteristics and level of maturity. For example,
the public health and healthcare sector is quite diverse and
collaboration has been difficult as a result; on the other hand, the
nuclear sector is quite homogenous and has a long history of
collaboration. As a result, council activities have ranged from getting
organized to refining infrastructure protection strategies. Ten
sectors, such as banking and finance, had formed councils prior to
development of the NIPP and had collaborated on plans for economic
reasons, while others had formed councils more recently. As a result,
the more mature councils could focus on strategic issues, such as
recovering after disasters, while the newer councils were focusing on
getting organized.
Council members reported mixed views on what factors facilitated or
challenged their actions. For example, long-standing working
relationships with regulatory agencies and within sectors were
frequently cited as the most helpful factor. Challenges most frequently
cited included the lack of an effective relationship with DHS as well
as private sector hesitancy to share information on vulnerabilities
with the government or within the sector for fear the information would
be released and open to competitors. GAO’s past work has shown that a
lack of trust in DHS and fear that sensitive information would be
released are recurring barriers to the private sector’s sharing
information with the federal government, and GAO has made
recommendations to help address these barriers. DHS has generally
concurred with these recommendations and is in the process of
implementing them.
All the sectors met the December 2006 deadline to submit their sector-
specific plans to DHS, although the level of collaboration between the
sector and government councils on the plans, which the NIPP recognizes
as critical to establishing relationships between the government and
private sectors, varied by sector. Issuing the NIPP and completing
sector plans are only first steps to ensure critical infrastructure is
protected. Moving forward to implement sector plans and make progress
will require continued commitment and oversight.
While DHS has initiatives under way to fulfill its many cybersecurity
responsibilities, major tasks remain to be done. These include
assessing and reducing cyber threats and vulnerabilities and
coordinating incident response and recovery planning efforts. Effective
leadership by the Assistant Secretary for Cyber Security and
Telecommunications is essential to DHS fulfilling its key
responsibilities, addressing the challenges, and implementing
recommendations.
[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-07-626T].
To view the full product, including the scope and methodology, click on
the link above. For more information, contact Eileen Larence at (202)
512-8777 or larencee@gao.gov.
[End of section]
Mr. Chairman and Members of the Subcommittee:
Thank you for inviting us to participate in today's hearing on
infrastructure protection issues. The nation's critical infrastructures
and key resources--including those cyber and physical assets essential
to national security, national economic security, and national public
health and safety--have been and continue to be vulnerable to a wide
variety of threats. In 2005, Hurricane Katrina devastated the Gulf
Coast, damaging critical infrastructure such as oil platforms,
pipelines, and refineries; water mains; electric power lines; and
cellular phone towers. The chaos resulting from this infrastructure
damage disrupted the functioning of government and business alike and
produced cascading effects far beyond the physical location of the
storm. In 2004, authorities discovered a plan to target financial
institutions in New York, and in 2005 suicide bombings struck London's
public transportation system, disrupting the city's transportation and
mobile telecommunications infrastructure. Because the private sector
owns approximately 85 percent of the nation's critical infrastructure--
such as banking and financial institutions, telecommunications
networks, and energy production and transmission facilities--it is
vital that the public and private sectors form effective partnerships
to successfully protect these assets.
A key player in these partnerships is the Department of Homeland
Security (DHS). The Homeland Security Act of 2002 created DHS and gave
it wide-ranging responsibilities for leading and coordinating the
overall national critical infrastructure protection effort.[Footnote 1]
The act required DHS to develop a comprehensive national plan for
securing the nation's critical infrastructures and recommend measures
to protect key resources. Homeland Security Presidential Directive 7
(HSPD-7) further defined critical infrastructure protection
responsibilities for DHS and those federal agencies given
responsibility for particular industry sectors, such as transportation,
energy, and telecommunications, known as sector-specific agencies. DHS
is to establish uniform policies, approaches, guidelines, and
methodologies to help ensure that critical infrastructure within and
across the 17 infrastructure sectors is protected,[Footnote 2] and is
to use a risk management approach to coordinate protection efforts.
This includes using risk assessments to set priorities for protective
measures by the department; sector-specific agencies; tribal, state,
and local government agencies and authorities with critical assets and
resources in their jurisdiction, owners and operators of these assets;
and other entities.
HSPD-7 required DHS to develop a comprehensive and integrated plan by
December 2004 that outlines national protection goals, objectives,
milestones, and key initiatives necessary to fulfilling these
responsibilities. In response, DHS developed the National
Infrastructure Protection Plan (NIPP). Issued in June 2006, the NIPP is
a base plan that is to serve as a road map for how DHS and other
relevant stakeholders should use risk management principles to
prioritize protection activities within and across sectors in an
integrated, coordinated fashion. In particular, the NIPP required the
individual sector-specific agencies, working with relevant government
and private sector representatives, to submit plans to DHS by the end
of December 2006 that would establish the means by which the sectors
will identify their critical assets, assess risks of terrorist attacks
or other hazards on them, assess and prioritize those which have
national significance, and develop protective measures for the sector.
DHS is to use these individual plans to evaluate whether any gaps exist
in the protection of critical infrastructures on a national level and,
if so, to work with the sectors to address the gaps.
The NIPP describes a partnership model as the primary means of
coordinating government and private sector efforts to protect critical
infrastructure. For each sector, the model requires formation of
government coordinating councils (government councils)--composed of
federal, state, local, or tribal agencies with purview over critical
assets--and encourages voluntary formation of sector coordinating
councils (sector councils)--composed of owner-operators of these
critical assets (some of which may be state or local agencies) or their
respective trade associations. Councils are to be representative, are
to collaborate in planning and implementing efforts to protect critical
infrastructure, and are envisioned to focus on policy issues.
My testimony today highlights four key areas from our previously issued
work: (1) the extent to which sectors have established councils, (2)
the key facilitating factors and challenges that critical
infrastructure protection stakeholders encountered in establishing
their respective councils, (3) the key facilitating factors and
challenges sectors encountered in developing their sector-specific
plans, and (4) the status of DHS's efforts to fulfill key cybersecurity
responsibilities and challenges. My comments today are based on GAO's
October 2006 report addressing the progress made in coordinating
government and private sector efforts to establish councils and develop
sector-specific plans and on a body of GAO work related to cyber
critical infrastructure protection that has been designated as a GAO
high-risk area since 2003.[Footnote 3] GAO's October 2006 report was
based on work conducted at the Departments of Agriculture, Defense,
Energy, Health and Human Services, Homeland Security,[Footnote 4]
Interior, and Treasury; the Environmental Protection Agency; as well as
with private sector representatives of 14 councils.[Footnote 5] We
conducted our work in accordance with generally accepted government
auditing standards.
In Summary:
To help implement the NIPP and develop their own plans for protecting
critical assets and key resources, each of the infrastructure sectors
has established government councils, and voluntary private sector
councils have been formed for all sectors except transportation
systems. The characteristics and levels of maturity of these councils
vary significantly across the sectors, which in turn has affected the
progress sectors have made in organizing and in developing their plans.
For example, the public health and health care sector is quite diverse
and collaboration has been difficult as a result; on the other hand,
the nuclear sector is quite homogenous and has a long history of
collaboration. As a result, council activities have ranged from just
getting organized to refining their infrastructure protection
strategies. To develop effective protection plans, it is important that
council membership represent these unique and varied interests, and we
found this generally to be true for most of the councils. The age and
maturity of the councils also varied. Ten sectors had formed councils
prior to the development of the NIPP model because they were already
collaborating on protective measures, while the remaining sectors had
formed councils more recently. The more mature councils, including
banking and finance and telecommunications, were able to focus on
strategic activities, such as developing plans on how to resume
operations as soon as possible after a disaster. In contrast, the newer
councils--including public health and healthcare and commercial
facilities--were still focusing on identifying key stakeholders and
members, developing charters, and getting organized. As of March 2007,
the transportation systems sector had yet to form a sector council, but
a DHS Infrastructure Protection official said each transportation mode-
-such as rail, aviation, and maritime--has established a sector
council. According to DHS officials, once the modes are organized, the
transportation systems council will be formed.
Representatives of the councils most frequently cited prior long-
standing working relationships and effective information sharing within
their sector as well as access to contractor resources through DHS as
key in establishment of a number of the councils. Conversely, the lack
of an effective relationship with DHS, private sector hesitancy to
provide sensitive information on infrastructure vulnerabilities to the
government or within the sector, and the lack of prior relationships
with federal agencies or within the sector were the most frequently
cited challenges to developing other councils. In terms of facilitating
factors, sectors that had been regulated by federal agencies for years,
such as the banking and finance sector, reported developing long-
standing and trusted working relationships both with the federal
agencies and within the sectors, which facilitated council development.
These sectors also recognized the need to share information in order to
collaborate on protection efforts. Another key facilitating factor was
having access to resources and technical assistance from DHS
contractors, filling resource and skill gaps some sectors had in
establishing and operating their councils. In terms of challenges, some
government and sector councils cited high turnover of some DHS staff
and the staff's lack of understanding about infrastructure operations
as hindering council formation. While DHS officials reported that staff
turnover should not affect the formation of sector councils because
guidance is available to help councils, the officials said that this
turnover could hinder the establishment of trusted working
relationships. Representatives from various sectors also noted, as has
our past work, that some in the private sector are reluctant to share
sensitive infrastructure information with the federal government for
fear the information might be publicly disclosed or make them subject
to litigation for failure to disclose their vulnerabilities.
In August 2006, we found that each of the 17 sector-specific agencies
was in the process of preparing a sector-specific plan to comply with
the NIPP, but the sectors were at varying stages of completion. For
example, the chemical and nuclear sectors said their plans were nearing
completion, while the commercial facilities sector said its plan was
still in outline form. Some in the private sector said collaboration
between the sector council and the government council on the plans had
yet to take place. Despite these differences, according to DHS
Infrastructure Protection officials, all the sectors submitted their
plans to DHS by the December 2006 deadline, and DHS and other
stakeholders are in the process of reviewing them. Like the NIPP, these
plans are only a first step; they are to lay out how the sector will
identify its most critical assets and resources and what methodologies
each will use to assess risks, but are not required to address how the
sector is actually assessing risk and protecting its most critical
assets. Council members cited as a key facilitating factor the fact
that some sectors had prior plans that they could update to satisfy
NIPP requirements. For example, the energy sector had developed a
protection plan in anticipation of the Year 2000 (Y2K) computer threat,
and that process was beneficial in developing its sector-specific plan
for the NIPP. Two other frequently cited factors that helped with
developing plans, as well as developing the councils themselves, were
when sectors had pre-existing relationships with federal agencies or
within the sector and access to contractor support through DHS. The
most frequently cited challenges included the late issuance of a final
NIPP that outlined stable requirements for the plans as well as the
changing nature of DHS guidance on how to develop the plans. DHS
periodically added new requirements on the risk assessment processes
and on managing and coordinating sector responsibilities, some in
response to industry comments. For example, DHS incorporated changes in
the final NIPP in response to comments that it should better recognize
the need to focus on both protecting against and recovering from a
disaster. But, several council members said it was frustrating to have
to update their protection plans multiple times in response to changes
from the interim, draft, and the final NIPP. Finally, several cited the
heterogeneous characteristics of some sectors, such as the widely
different industries that make up the agriculture and food sector, as
making collaboration and consensus on their plans a challenge.
The protection of critical cyber assets and resources is particularly
important because sectors depend on cyber infrastructure to operate. As
a result, it is important that all sectors factor cyber infrastructure
needs as part of their protection plans. As the focal point for
critical infrastructure protection, DHS has many cybersecurity-related
responsibilities that are called for in law and policy. While DHS has
initiatives under way to fulfill its many cybersecurity
responsibilities, major tasks remain to be done. These include
assessing and reducing cyber threats and vulnerabilities and
coordinating incident response and recovery planning efforts. For
example, DHS established forums to foster information sharing among
federal officials with information security responsibilities and among
various law enforcement entities, but had not developed national threat
and vulnerability assessments for cybersecurity which are necessary to
set priorities for protection investments. Since that time, DHS has
made progress on its responsibilities--including the release of its
NIPP--but none has been completely addressed. Moreover, in 2006, we
reported that DHS had begun a variety of initiatives to fulfill its
responsibility to develop an integrated public/private plan for
Internet recovery, but that these efforts were not complete or
comprehensive. In addition, we reported that DHS faced a particular
challenge in attaining the organizational stability and leadership it
needed to gain the trust of other cybersecurity stakeholders --
including other government agencies as well as the private sector. In
July 2005, DHS undertook a reorganization that established the position
of the Assistant Secretary of Cyber Security and Telecommunications--in
part to raise the visibility of cybersecurity issues in the department
and in September 2006, DHS announced that it had filled this position.
Effective leadership by the Assistant Secretary is essential to DHS
fulfilling its key responsibilities and addressing the challenges and
recommendations. Overall, DHS has made progress with some critical
infrastructure challenges, but we maintain that it must still address
outstanding recommendations--such as better defining its critical
infrastructure information needs and better explaining how this
information will be used--and address cyber infrastructure
vulnerabilities to be an effective federal focal point for critical
infrastructure.
Background:
Critical Infrastructure Protection Policy Has Emphasized Government and
Private Sector Coordination:
The protection of the nation's critical infrastructure against natural
and man-made catastrophic events has been a concern of the federal
government for over a decade. For example, in May 1998, Presidential
Decision Directive 63 (PDD-63) established critical infrastructure
protection as a national goal and presented a strategy for cooperative
efforts by the government and the private sector to protect it.
In December 2003, HSPD-7 was issued, defining responsibilities for DHS
and federal agencies responsible for addressing specific critical
infrastructure sectors. These agencies are to identify, prioritize, and
coordinate the protection of critical infrastructure to prevent, deter,
and mitigate the effects of attacks. DHS is to, among other things,
coordinate national critical infrastructure protection efforts,
establish uniform policies, approaches, guidelines, and methodologies
for integrating federal infrastructure protection and risk management
activities within and across sectors; and provide for the sharing of
information essential to critical infrastructure protection. According
to the NIPP, DHS is also to develop and implement comprehensive risk
management programs and methodologies, develop cross-sector and cross-
jurisdictional protection guidance, recommend risk management and
performance criteria and metrics within and across sectors, and
establish structures to enhance the close cooperation between the
private sector and government at all levels.
In addition, DHS is the focal point for the security of cyberspace--
including analysis, warning, information sharing, vulnerability
reduction, mitigation and recovery efforts for public and private
critical infrastructure information systems. To accomplish this
mission, DHS is to work with other federal agencies, state and local
governments, and the private sector. Federal policy further recognizes
the need to prepare for debilitating Internet disruptions and--because
the vast majority of the Internet infrastructure is owned and operated
by the private sector--tasks DHS with developing an integrated public/
private plan for Internet recovery.[Footnote 6]
Sector-Specific Agencies Are to Coordinate Protection Efforts and
Develop Plans:
HSPD-7 designated sector-specific agencies for each of the critical
infrastructure sectors, responsible for coordinating and collaborating
with relevant federal agencies, state and local governments, and the
private sector, and facilitating the sharing of information about
threats, vulnerabilities, incidents, potential protective measures, and
best practices. Agencies must submit an annual report to DHS on their
efforts. DHS serves as the sector-specific agency for 10 of the
sectors: information technology; telecommunications; transportation
systems; chemical; emergency services; commercial nuclear reactors,
material, and waste; postal and shipping; dams; government facilities;
and commercial facilities. (See table 1 for a list of sector-specific
agencies and a brief description of each sector).
Table 1: Designated Sector-Specific Agencies and Critical
Infrastructure Sectors:
Sector-specific agency: Departments of Agriculture,a and Health and
Human Services, Food and Drug Administration[B];
Sector: Agriculture and food;
Description: Provides for the fundamental need for food. The
infrastructure includes supply chains for feed and crop production.
Carries out the postharvesting of the food supply, including processing
and retail sales.
Sector-specific agency: Department of Defense;
Sector: Defense industrial base;
Description: Supplies the military with the means to protect the nation
by producing weapons, aircraft, and ships and providing essential
services, including information technology and supply and maintenance.
Sector-specific agency: Department of Energy;
Sector: Energy;
Description: Provides the electric power used by all sectors and the
refining, storage, and distribution of oil and gas. The sector is
divided into electricity and oil and natural gas.
Sector-specific agency: Department of Health and Human Services;
Sector: Public health and health care;
Description: Mitigates the risk of disasters and attacks and also
provides recovery assistance if an attack occurs. The sector consists
of health departments, clinics, and hospitals.
Sector-specific agency: Department of the Interior;
Sector: National monuments and icons;
Description: Memorializes or represents monuments, physical structures,
objects, or geographical sites that are widely recognized to represent
the nation's heritage, traditions, or values, or widely recognized to
represent important national cultural, religious, historical, or
political significance.
Sector-specific agency: Department of the Treasury;
Sector: Banking and finance;
Description: Provides the financial infrastructure of the nation. This
sector consists of commercial banks, insurance companies, mutual funds,
government-sponsored enterprises, pension funds, and other financial
institutions that carry out transactions.
Sector-specific agency: Environmental Protection Agency;
Sector: Drinking water and water treatment systems;
Description: Provides sources of safe drinking water from more than
53,000 community water systems and properly treated wastewater from
more than 16,000 publicly owned treatment works.
Sector-specific agency: Department of Homeland Security: .
Sector-specific agency: Office of Infrastructure Protection;
Sector: Chemical;
Description: Transforms natural raw materials into commonly used
products benefiting society's health, safety, and productivity. The
chemical sector produces more than 70,000 products that are essential
to automobiles, pharmaceuticals, food supply, electronics, water
treatment, health, construction, and other necessities.
Sector-specific agency: Office of Infrastructure Protection;
Sector: Commercial facilities;
Description: Includes prominent commercial centers, office buildings,
sports stadiums, theme parks, and other sites where large numbers of
people congregate to pursue business activities, conduct personal
commercial transactions, or enjoy recreational pastimes.
Sector-specific agency: Office of Infrastructure Protection;
Sector: Dams;
Description: Manages water retention structures, including levees, more
than 77,000 conventional dams, navigation locks, canals (excluding
channels), and similar structures, including larger and nationally
symbolic dams that are major components of other critical
infrastructures that provide electricity and water.
Sector-specific agency: Office of Infrastructure Protection;
Sector: Emergency services;
Description: Saves lives and property from accidents and disaster. This
sector includes fire, rescue, emergency medical services, and law
enforcement organizations.
Sector-specific agency: Office of Infrastructure Protection;
Sector: Commercial nuclear reactors, materials, and waste;
Description: Provides nuclear power, which accounts for approximately
20 percent of the nation's electrical generating capacity. The sector
includes commercial nuclear reactors and non-power nuclear reactors
used for research, testing, and training;
nuclear materials used in medical, industrial, and academic settings;
nuclear fuel fabrication facilities;
the decommissioning of reactors;
and the transportation, storage, and disposal of nuclear materials and
waste.
Sector-specific agency: Office of Cyber Security and
Telecommunications;
Sector: Information technology;
Description: Produces information technology and includes hardware
manufacturers, software developers, and service providers, as well as
the Internet as a key resource.
Sector-specific agency: Office of Cyber Security and
Telecommunications;
Sector: Telecommunications;
Description: Provides wired, wireless, and satellite communications to
meet the needs of businesses and governments.
Sector-specific agency: Transportation Security Administration;
Sector: Postal and shipping;
Description: Delivers private and commercial letters, packages, and
bulk assets. The U.S. Postal Service and other carriers provide the
services of this sector.
Sector-specific agency: Transportation Security Administration and U.S.
Coast Guard;
Sector: Transportation systems;
Description: Enables movement of people and assets that are vital to
our economy, mobility, and security with the use of aviation, ships,
rail, pipelines, highways, trucks, buses, and mass transit.
Sector-specific agency: Immigration and Customs Enforcement, Federal
Protective Service;
Sector: Government facilities;
Description: Ensures continuity of functions for facilities owned and
leased by the government, including all federal, state, territorial,
local, and tribal government facilities located in the United States
and abroad.
Source: NIPP, Homeland Security Presidential Directive 7, and the
National Strategy for Homeland Security.
[A] The Department of Agriculture is responsible for food (including
meat, poultry, and eggs) and agriculture.
[B] The Department of Health and Human Services, Food and Drug
Administration is responsible for food and other than meat, poultry,
and egg products.
[End of table]
Under the NIPP, the sector-specific agencies, in coordination with
their respective government and private sector councils, are
responsible for developing individual protection plans for their
sectors that, among other things, (1) define the security roles and
responsibilities of members of the sector, (2) establish the methods
that members will use to interact and share information related to
protection of critical infrastructure, (3) describe how the sector will
identify its critical assets, and (4) identify the approaches the
sector will take to assess risks and develop programs to protect these
assets. DHS is to use these individual plans to evaluate whether any
gaps exist in the protection of critical infrastructures on a national
level and, if so, to work with the sectors to address these gaps.
Sectors Have Established Government and Sector Councils, Which are
Generally Representative of their Sectors;
Council Activities Have Varied Depending on Their Maturity and Other
Characteristics:
All of the sectors have established government councils, and voluntary
private sector councils under the NIPP model have been formed for all
sectors except transportation systems.[Footnote 7] The nature of the 17
sectors varies and council membership reflects this diversity, but the
councils are generally comprised of representatives from the various
federal agencies with regulatory or other interests in the sector, some
state and local officials with purview over the sectors, and asset
owners and operators. Because some of the councils are newer than
others, council activities vary based on the council's maturity and
other characteristics, with some younger councils focusing on
establishing council charters, while more mature councils focused on
developing protection strategies.
Some Councils Formed in Response to the NIPP, While Others Formed
Earlier because of Increased Vulnerabilities:
Seven sectors had not formed either a government council or sector
council until after publication of an Interim NIPP in February 2005,
while 10 of the sectors had done so. These 10 sectors said they
recognized the need to collaborate to address risks and vulnerabilities
that could result in economic consequences for their sectors. For
example, prior to the development of the NIPP, DHS and the Department
of Agriculture had (1) established a government coordinating council
for the agriculture and food sector to coordinate efforts to protect
against agroterrorism, and (2) helped the agriculture and food sector
establish a private sector council to facilitate the flow of alerts,
plans, and other information. As of March 2007, the transportation
systems sector had yet to form a sector council, but a DHS
Infrastructure Protection official said each transportation mode--such
as rail, aviation, and maritime--had established a sector council.
According to DHS officials, once the modes are organized, the
transportation systems council will be formed. Transportation Security
Administration (TSA) officials attributed the delay to the
heterogeneous nature of the transportation sector--ranging from
aviation to shipping to trucking.
Council Leaders Believe That Their Memberships Are Generally
Representative of Government Agencies with Purview over the Sectors and
Are Generally Representative of Asset Owners and Operators:
The composition, scope, and nature of the 17 sectors themselves vary
significantly, and the memberships of their government and sector
councils reflect this diversity. The enormity and complexity of the
nation's critical infrastructure require council membership to be as
representative as possible of their respective sectors. As such,
council leaders--government sector representatives and private council
chairs--believe that their membership is generally representative of
their sectors. Government councils include representatives from various
federal agencies with regulatory or other interests in the sectors. For
example, the chemical sector council includes officials with DHS; the
Bureau of Alcohol, Tobacco, Firearms and Explosives; the Department of
Commerce; the Department of Justice; the Department of Transportation;
and the Environmental Protection Agency because each has some interest
in the sector. Some government councils also include officials from
state and local governments with jurisdiction over entities in the
sector.
Private sector council membership varies, reflecting the unique
composition of entities within each, but is generally representative of
a broad base of owners, operators, and associations--both large and
small--within a sector. For example, members of the drinking water and
water treatment systems sector council include national organizations
such as the American Water Works Association and the Association of
Metropolitan Water Agencies and also members of these associations that
are representatives of local entities including Breezy Hill Water and
Sewer Company and the City of Portland Bureau of Environmental
Services. In addition, the commercial facilities sector council
includes more than 200 representatives of individual companies spanning
8 different subsectors, including public assembly facilities; sports
leagues; resorts; lodging; outdoor events facilities; entertainment and
media; real estate; and retail. This provides the councils
opportunities to build the relationships needed to help ensure critical
infrastructure protection efforts are comprehensive.
While Newer Councils Are Just Forming, More Mature Councils Are
Addressing Long-Term Strategies:
Council activities have varied based on the maturity of the councils.
Because some of the councils are newer than others, council meetings
have addressed a range of topics from agreeing on a council charter to
developing industry standards and guidelines for business continuity in
the event of a disaster or incident. For example, the commercial
facilities government council, which formed in 2005, has held meetings
to address operational issues--such as agreeing on a charter, learning
what issues are important to the sector, learning about risk management
tools, and beginning work on the sector-specific plan. Councils that
are more mature have been able to move beyond these activities to
address more strategic issues. For example, the banking and finance
sector council, which formed in 2002, focused its efforts most recently
on strengthening the financial system's ability to continue to function
in the event of a disaster or incident (known as "resilience"),
identifying a structured and coordinated approach to testing sector
resilience, and promoting appropriate industry standards and guidelines
for business continuity and resilience.
Good Prior Working Relationships, Willingness to Share Critical
Information, and Sufficient Resources Are Key to Council Formation and
Progress:
Government and sector council representatives most commonly cited long-
standing working relationships between entities within their respective
sectors and with the federal agencies that regulate them, the
recognition among some sector entities of the need to share
infrastructure information with the government and within the sector,
and operational support from DHS contractors as factors that
facilitated council formation. However, these representatives also most
commonly identified several key factors that posed challenges to
forming some of the councils, including (1) difficulty establishing
partnerships with DHS because of issues including high turnover of its
staff and DHS staff who lacked knowledge about the sector to which they
were assigned, (2) hesitancy to provide sensitive information or
industry vulnerabilities to the government due to concerns that the
information might be publicly disclosed, and (3) lack of long-standing
working relationships within the sector or with federal agencies.
Recognizing the Need to Work Together; Share Information, and Obtain
Support Were Most Common Factors That Helped Facilitate Council
Development:
One of the factors assisting the formation of many of the government
and sector councils was the existence of long-standing working
relationships within the sectors and with the federal agencies that
regulate them. Ten of the sectors had formed either a government
council or private sector council that addressed critical
infrastructure protection issues prior to publication of an Interim
NIPP. In addition, according to government and sector council
representatives, sectors in which the industries have been highly
regulated by the federal government--such as the banking and finance
sector as well as the commercial nuclear sector--were already used to
dealing with the federal government on many issues. Therefore, forming
a relationship between the government and the private sector and within
the sector was not very difficult.
The availability of DHS contractors that provided administrative and
other assistance--such as meeting planning, developing materials,
recording and producing minutes, delivering progress reports, and
supporting development of governance documents--to the government and
sector councils was a third facilitating factor cited by
representatives of 13 government and 5 sector councils. For example,
representatives of the emergency services sector council and the
telecommunications sector council stated that some of the services were
very helpful, including guidance the contractors provided on lessons
learned from how other sector councils were organized.
Difficulties in Developing Partnerships with DHS, Concerns about
Sharing Information, and the Lack of Long-Standing Working
Relationships Were the Most Common Challenges to the Formation of Some
Councils:
Council representatives with three government and eight private sector
councils reported that they experienced problems forming their councils
due to a number of challenges establishing partnerships with
DHS.[Footnote 8] Specifically, these reported challenges included high
turnover of staff, poor communications with councils, staff who were
unfamiliar with the sector and did not understand how it works,
shifting priorities that affected council activities, and minimal
support for council strategies. DHS acknowledged that its
reorganization resulted in staff turnover, but according to DHS's
Director of the Infrastructure Programs Office within the Office of
Infrastructure Protection, this should not have affected formation
since DHS has taken a consistent approach to implementing the
partnership model and issuing guidance. However, the director
acknowledged that continuing staff turnover could affect the eventual
success of the partnerships because they are dependent on the
interactions and developing trust. Continuity of government staff is a
key ingredient in developing trusted relationships with the private
sector.
Representatives with six government and five sector councils noted that
the private sector continues to be hesitant to provide sensitive
information regarding vulnerabilities to the government as well as with
other sector members due to concerns that, among other things, it might
be publicly disclosed. For example, these representatives were
concerned that the items discussed, such as information about specific
vulnerabilities, might be subject to public disclosure under the
Federal Advisory Committee Act and thereby be available to competitors
or potentially make the council members subject to litigation for
failure to publicly disclose any known threats or
vulnerabilities.[Footnote 9]
This issue continues to be a long-standing concern and one that
contributed to our designating homeland security information sharing as
a high-risk issue in January 2005.[Footnote 10] We reported then that
the ability to share security-related information is critical and
necessary because it can unify the efforts of federal, state, and local
government agencies and the private sector in preventing or minimizing
terrorist attacks. In April 2006, we reported that DHS continued to
face challenges that impeded the private sector's willingness to share
sensitive security information with the government.[Footnote 11] In
this report, we assessed the status of DHS efforts to implement the
protected critical infrastructure information (PCII) program created
pursuant to the Homeland Security Act. This program was specifically
designed to establish procedures for the receipt, care, and storage of
critical infrastructure information voluntarily submitted to the
government. We found that while DHS created the program office,
structure, and guidance, few private sector entities were using the
program. Challenges DHS faced included being able to assure the private
sector that such information will be protected and specifying who will
be authorized to have access to the information, as well as to
demonstrate to critical infrastructure owners the benefits of sharing
the information. We concluded that if DHS were able to surmount these
challenges, it and other government users may begin to overcome the
lack of trust that critical infrastructure owners have in the
government's ability to use and protect their sensitive information. We
recommended that DHS better define its critical infrastructure
information needs and better explain how this information will be used.
DHS concurred with our recommendations. In September 2006 DHS issued a
final rule that established procedures governing the receipt,
validation, handling, storage, marking, and use of critical
infrastructure information voluntarily submitted to DHS.
Four government and four sector council representatives stated that the
lack of prior working relationships either within their sector or with
the federal government created challenges in forming their respective
councils. For example, the public health and health care sector
struggled with creating a sector council that represented the interests
of the sector because it is composed of thousands of entities that are
not largely involved with each other in daily activities. According to
the sector-specific agency representative of the Department of Health
and Human Services (HHS), historically, there was relatively little
collaboration on critical infrastructure protection-related issues
among sector members. Despite these reported challenges, the public
health and health care sector has been able to form a sector council
that is in the early stages of organization. The commercial facilities
sector, which also involves varied and often unrelated stakeholders
nationwide, similarly reported that the disparities among stakeholders
made forming a council challenging. This sector encompasses owners and
operators of stadiums, raceways, casinos, and office buildings that
have not previously worked together. In addition, the industries
composing the commercial facilities sector did not function as a sector
prior to the NIPP and did not have any prior association with the
federal government. As a result, this sector council has been
concentrating its efforts on identifying key stakeholders and agreeing
on the scope of the council and its membership.
Councils Delayed Their Work on Plans until the NIPP Was Issued, but
Despite Challenges Submitted Plans to DHS by the Due Date:
Each of the 17 sectors provided a sector-specific plan to DHS by the
end of December 2006, as required by the NIPP, according to DHS
Infrastructure Protection officials. Representatives from both the
government and sector councils cited factors that have facilitated the
development of their plans--similar to those that facilitated
development of their councils--most commonly citing pre-existing plans;
historical relationships between the federal government and the private
sector or across the private sector, and contractor support. Sector
representatives most commonly reported that key challenges in drafting
their plans were the late issuance of a final NIPP, which caused some
sectors to delay work on their plans, the changing nature of DHS
guidance on how to develop the plans, and the diverse make-up of sector
membership.
Sector-Specific Agencies Completed Their Plans on Time:
Sector-specific agencies met the deadline to complete their plans by
December 2006, according to DHS Infrastructure Protection officials.
The NIPP requires these plans to contain definitions of the processes
the sectors will use to identify their most critical assets and
resources as well as the methodologies they will use to assess risks,
but not information on the specific protective measures that will be
utilized by each sector. The NIPP also requires agencies to coordinate
the development of plans in collaboration with their security partners
represented by government and sector councils and provide documentation
of such collaboration. To date, the level of collaboration between
sector-specific agencies and the sector councils in developing the
sector-specific plans has varied--ranging from soliciting stakeholder
comments on a draft to jointly developing the plan. For example, TSA
developed the transportation systems plan and solicited input from
private sector stakeholders, while representatives of the energy sector
council worked with the Department of Energy to draft the energy plan.
Despite these differences, according to DHS Infrastructure Protection
officials, all the sectors submitted their plans to DHS by the December
2006 deadline and DHS and other stakeholders are in the process of
reviewing them.
Pre-existing Plans, Collaboration, and Contractor Support Were Factors
Most Commonly Cited as Facilitating Development of Sector-Specific
Plans:
Sector representatives from the agriculture and food, banking and
finance, chemical, and energy sectors said their sectors had already
developed protection plans prior to the interim NIPP published in
February 2005 because they had recognized the economic value in
planning for an attack. These representatives said they were able to
revise their previous plans to serve as the plans called for in the
NIPP. For example, the Department of Energy, with input from the
sector, had developed a protection plan in anticipation of the Year
2000 computer threat; Department of Energy officials noted that both
this plan and the relationships established by its development have
been beneficial in developing the protection plan for the energy
sector. Similarly, the banking and finance sector council, which worked
closely with the Department of Treasury, has had a critical
infrastructure protection plan in place for the banking and finance
sector since 2003 and planned to use it, along with other strategies,
to fit the format required by the NIPP.
Representatives from 13 government and 10 sector councils agreed that
having prior relationships--either formally between the federal
government and the private sector based on regulatory requirements, or
informally within and across industries--facilitated sector-specific
plan development. For example, a nuclear sector representative said
that its regulator, the Nuclear Regulatory Commission, had already laid
out clear guidelines for security and threat response that facilitated
developing the sector's plan. The drinking water and wastewater sector
council representative said that its long-standing culture of sharing
information and decades of work with the Environmental Protection
Agency helped with plan development.
Representatives from seven sector-specific agencies and five sector
councils said that assistance from DHS officials or DHS contractors was
also a factor that helped with plan development, such as research and
drafting. For example, DHS contract staff assisted the Department of
the Interior and DHS's Chemical and Nuclear Preparedness and Protection
Division in drafting the plans for the national monuments and icons and
emergency services sectors, respectively. Representatives from the
chemical, emergency services, nuclear, and telecommunications sector
councils said that contractors hired by DHS were helpful as resources
providing research or drafting services.
The Late Issuance of a Final NIPP, Changing Guidance, and Other
Challenges Impeded Progress on Some Sector-Specific Plans:
Representatives from six government councils and six sector councils
said that the delays in issuing a final NIPP and changing DHS sector-
specific plan guidance contributed to delays in developing their sector
plans. According to DHS, sectors had begun drafting their sector-
specific plans following the issuance of initial plan guidance in April
2004. But, DHS issued revised guidance based, in part, on stakeholder
comments a year later with new requirements, including how the sector
will collaborate with DHS on risk assessment processes as well as how
it will identify the types of protective measures most applicable to
the sector. DHS then issued additional guidance in 2006 requiring that
the plans describe how sector-specific agencies are to manage and
coordinate their responsibilities. These changes required some sectors-
-such as dams, emergency services, and information technology--to make
significant revisions to their draft plans. Representatives from these
sectors expressed frustration with having to spend extra time and
effort making changes to the format and content of their plans each
time DHS issued new guidance. Therefore, they decided to wait until
final guidance was issued based on the final, approved NIPP. In our
current work, once we have access to these plans, it will be important
to determine how these delays may have affected the quality,
completeness, and consistency of the plans.
However, some sectors found the changes in the NIPP and plan guidance
to be improvements over prior versions that helped them prepare their
plans. For example, representatives from the emergency services sector
said that guidance became more specific and, thus, more helpful over
time, and representatives from the national monuments and icons sector
said that the DHS guidance has been useful. Representatives from the
information technology, public health, energy, telecommunications, and
transportation systems sectors, among others, had commented that the
NIPP should emphasize resiliency--meaning how quickly can a key asset
or resource begin operations after an incident--rather than protection
measures, such as hiring guards, installing gates and similar actions.
According to some of these representatives, it is impossible and cost-
prohibitive to try to protect every asset from every possible threat.
Instead, industries in these sectors prefer to invest resources in
protecting the most critical assets with the highest risk of damage or
destruction and to plan for recovering quickly from an event.
Representatives from the telecommunications sector added that
resiliency is especially important for interdependent industries in
restoring services such as communications, power, the flow of medical
supplies, and transportation as soon as possible. DHS incorporated the
concept of resiliency into the final NIPP to address these concerns and
continues to emphasize protection as well.
As in establishing their councils, in developing their sector-specific
plans, officials from three government councils and five sector
councils said that their sectors were made up of a number of disparate
stakeholders, making agreement on a plan more difficult. For example,
the commercial facilities sector is composed of eight different
subsectors of business entities that have historically had few prior
working relationships. According to the government council
representative, the magnitude of the diversity among these subsectors
has slowed the process of developing a plan so that the sector only had
an outline of its plan as of May 2006. Similarly, government and
private council representatives of the agriculture and food sector
indicated that the diversity of industries included in this sector such
as farms, food-processing plants, and restaurants, each of which has
differing infrastructure protection needs, has made developing a plan
more difficult.
DHS Needs to Fulfill Key Cybersecurity Responsibilities and Address
Challenges and GAO Recommendations:
To some extent, all sectors depend on cyber infrastructure to operate,
such as using computers to control access at nuclear facilities. So, it
is important that sectors include cybersecurity in their sector's
protection plan and programs. As the focal point for critical
infrastructure protection, DHS has many cybersecurity-related
responsibilities that are called for in law and policy. In 2005 and
2006, we reported that DHS had initiated efforts to address these
responsibilities, but that more remained to be done. Specifically, in
2005, we reported that DHS had initiated efforts to fulfill 13 key
cybersecurity responsibilities (shown in table 2), but it had not fully
addressed any of them. For example, DHS established forums to foster
information sharing among federal officials with information security
responsibilities and among various law enforcement entities, but had
not developed national threat and vulnerability assessments for
cybersecurity. Since that time, DHS has made progress on its
responsibilities--including the release of its NIPP--but none has been
completely addressed. Moreover, in 2006, we reported that DHS had begun
a variety of initiatives to fulfill its responsibility to develop an
integrated public/private plan for Internet recovery, but that these
efforts were not complete or comprehensive. For example, DHS had
established working groups to facilitate coordination among government
and industry infrastructure officials and fostered exercises in which
government and private industry could practice responding to cyber
events, but many of its efforts lacked time frames for completion and
the relationships among its various initiatives are not evident.
Table 2: Thirteen DHS Cybersecurity Responsibilities:
Responsibilities: Develop a national plan for critical infrastructure
protection that includes cybersecurity;
Description: Developing a comprehensive national plan for securing the
key resources and critical infrastructure of the United States,
including information technology and telecommunications systems
(including satellites) and the physical and technological assets that
support such systems. This plan is to outline national strategies,
activities, and milestones for protecting critical infrastructures.
Responsibilities: Develop partnerships and coordinate with other
federal agencies, state and local governments, and the private sector;
Description: Fostering and developing public/private partnerships with
and among other federal agencies, state and local governments, the
private sector, and others. DHS is to serve as the "focal point for the
security of cyberspace.".
Responsibilities: Improve and enhance public/private information
sharing involving cyber attacks, threats, and vulnerabilities;
Description: Improving and enhancing information sharing with and among
other federal agencies, state and local governments, the private
sector, and others through improved partnerships and collaboration,
including encouraging information sharing and analysis mechanisms. DHS
is to improve sharing of information on cyber attacks, threats, and
vulnerabilities.
Responsibilities: Develop and enhance national cyber analysis and
warning capabilities;
Description: Providing cyber analysis and warnings, enhancing
analytical capabilities, and developing a national indications and
warnings architecture to identify precursors to attacks.
Responsibilities: Provide and coordinate incident response and recovery
planning efforts;
Description: Providing crisis management in response to threats to or
attacks on critical information systems. This entails coordinating
efforts for incident response, recovery planning, exercising
cybersecurity continuity plans for federal systems, planning for
recovery of Internet functions, and assisting infrastructure
stakeholders with cyber-related emergency recovery plans.
Responsibilities: Identify and assess cyber threats and
vulnerabilities;
Description: Leading efforts by the public and private sector to
conduct a national cyber threat assessment, to conduct or facilitate
vulnerability assessments of sectors, and to identify cross-sector
interdependencies.
Responsibilities: Support efforts to reduce cyber threats and
vulnerabilities;
Description: Leading and supporting efforts by the public and private
sector to reduce threats and vulnerabilities. Threat reduction involves
working with law enforcement community to investigate and prosecute
cyberspace threats. Vulnerability reduction involves identifying and
remediating vulnerabilities in existing software and systems.
Responsibilities: Promote and support research and development efforts
to strengthen cyberspace security;
Description: Collaborating and coordinating with members of academia,
industry, and government to optimize cybersecurity related research and
development efforts to reduce vulnerabilities through the adoption of
more secure technologies.
Responsibilities: Promote awareness and outreach;
Description: Establishing a comprehensive national awareness program to
promote efforts to strengthen cybersecurity throughout government and
the private sector, including the home user.
Responsibilities: Foster training and certification;
Description: Improving cybersecurity-related education, training, and
certification opportunities.
Responsibilities: Enhance federal, state, and local government
cybersecurity;
Description: Partnering with federal, state, and local governments in
efforts to strengthen the cybersecurity of the nation's critical
information infrastructure to assist in the deterrence, prevention,
preemption of, and response to terrorist attacks against the United
States.
Responsibilities: Strengthen international cyberspace security;
Description: Working in conjunction with other federal agencies,
international organizations, and industry in efforts to promote
strengthened cybersecurity on a global basis.
Responsibilities: Integrate cybersecurity with national security;
Description: Coordinating and integrating applicable national
preparedness goals with its National Infrastructure Protection Plan.
Source: GAO analysis of the Homeland Security Act of 2002, the Homeland
Security Presidential Directive-7, and the National Strategy to Secure
Cyberspace.
[End of table]
DHS faces a number of challenges that have impeded its ability to
fulfill its cybersecurity responsibilities, including establishing
effective partnerships with stakeholders, achieving two-way information
sharing with stakeholders, demonstrating the value it can provide to
private sector infrastructure owners, and reaching consensus on DHS's
role in Internet recovery and on when the department should get
involved in responding to an Internet disruption. In addition, we
reported that DHS faced a particular challenge in attaining the
organizational stability and leadership it needed to gain the trust of
other stakeholders in the cybersecurity world--including other
government agencies as well as the private sector.
In July 2005, DHS undertook a reorganization that established the
position of the Assistant Secretary of Cyber Security and
Telecommunications--in part to raise the visibility of cybersecurity
issues in the department. In September 2006, DHS announced the
appointment of an Assistant Secretary for Cyber Security and
Telecommunications. Since the appointment, the Assistant Secretary has
led efforts to ensure the inclusion of cybersecurity in each critical
infrastructure sector's sector specific plan. The Assistant Secretary
has set priorities that include (1) preparing for and deterring attacks
by encouraging entities, through implementation of the sector specific
plans, to systematically assess their network vulnerabilities and take
steps to fix them, (2) responding to cyber attacks of potentially
national significance by leveraging operational expertise and building
situational awareness and incident response capabilities of the
government and private sector; and (3) building awareness about the
responsibilities for securing networks across the public and private
sectors.
In addition to the National Cyber Security Division, the Assistant
Secretary is also responsible for the National Communications System,
which ensures continuity of communications and priority service for the
government under conditions of national emergency, and the Office of
Emergency Communications, established pursuant to the fiscal year 2007
DHS appropriations act.[Footnote 12] This office is responsible for
developing a national strategy and technical assistance and outreach to
state and local governments for ensuring operable and interoperable
emergency communications capabilities for first responders.
To strengthen DHS's ability to implement its cybersecurity
responsibilities and to resolve underlying challenges, GAO has made
about 25 recommendations over the last several years. These
recommendations focus on the need to (1) conduct important threat and
vulnerability assessments, (2) develop a strategic analysis and warning
capability for identifying potential cyber attacks, (3) protect
infrastructure control systems, (4) enhance public/private information
sharing, and (5) facilitate recovery planning, including recovery of
the Internet in case of a major disruption. DHS concurred with most of
the recommendations addressed to them. Together, the recommendations
provide a high-level road map for DHS to use in working to improve our
nation's cybersecurity posture. While DHS has made progress in
addressing some of these recommendations many things remain to be done.
Until it addresses these recommendations, DHS will have difficulty
achieving results in its role as the federal focal point for the
cybersecurity of critical infrastructures--including the Internet.
Table 3 shows our detailed recommendations.
Table 3: Key GAO Recommendations to Improve Cybersecurity of Critical
Infrastructures:
Functional area: Threat and vulnerability assessments;
Recommendations that have not yet been fully implemented: Perform a
national cyber threat assessment.
Recommendations that have not yet been fully implemented: Facilitate
sector cyber vulnerability assessments--to include identification of
cross-sector interdependencies.
Functional area: Strategic analysis and warning;
Recommendations that have not yet been fully implemented: Establish a
capability for strategic analysis of computer-based threats, including
developing a related methodology, acquiring staff expertise, and
obtaining infrastructure data.
Recommendations that have not yet been fully implemented: Develop a
comprehensive governmentwide data collection and analysis framework and
ensure that national watch and warning operations for computer-based
attacks are supported by sufficient staff and resources.
Recommendations that have not yet been fully implemented: Develop a
comprehensive written plan for establishing analysis and warning
capabilities that integrates existing planning elements and includes
milestones and performance measures; approaches (or strategies) and the
various resources needed to achieve the goals and objectives; a
description of the relationship between the long-term goals and
objectives and the annual performance goals; and a description of how
program evaluations could be used to establish or revise strategic
goals, along with a schedule for future program evaluations.
Functional area: Infrastructure control systems protection;
Recommendations that have not yet been fully implemented: Develop and
implement a strategy for coordinating with the private sector and other
government agencies to improve control system security, including an
approach for coordinating the various ongoing efforts to secure control
systems.
Functional area: Public/private information sharing;
Recommendations that have not yet been fully implemented: To ensure
effective implementation of section 1016 of the Intelligence Reform and
Terrorism Prevention Act, assess progress toward the milestones set in
the Interim Implementation Plan for the Information Sharing
Environment; identify any barriers to achieving these milestones, such
as insufficient resources and determine ways to resolve them; and
recommend to the oversight committees with jurisdiction any necessary
changes to the organizational structure or approach to creating the
Information Sharing Environment.[A].
Recommendations that have not yet been fully implemented: Consistent
with other infrastructure planning efforts such as the NIPP, define and
communicate to the private sector what critical infrastructure
information DHS and federal entities need to fulfill their critical
infrastructure responsibilities and how federal, state, and local
entities are expected to use the information submitted under the
program.
Recommendations that have not yet been fully implemented: Determine
whether creating mechanisms, such as providing originator control and
direct submissions to federal agencies other than DHS, would increase
submissions of critical infrastructure information.
Recommendations that have not yet been fully implemented: Expand
efforts to use incentives to encourage more users of critical
infrastructure information, such as mechanisms for state-to-state
sharing.
Recommendations that have not yet been fully implemented: Proceed with
and establish milestones for the development of an information-sharing
plan that includes (1) a clear description of the roles and
responsibilities of DHS, the Information Sharing and Analysis Centers
(ISACs), the sector coordinators, and the sector-specific agencies and
(2) actions designed to address information-sharing challenges. Efforts
to develop this plan should include soliciting feedback from the ISACs,
sector coordinators, and sector-specific agencies to help ensure that
challenges identified by the ISACs and the ISAC Council are
appropriately considered in the final plan.
Recommendations that have not yet been fully implemented: Considering
the roles, responsibilities, and actions established in the information-
sharing plan, develop appropriate DHS policies and procedures for
interacting with the ISACs, sector coordinators, and sector-specific
agencies and for coordination and information sharing.
Functional area: Recovery planning;
Recommendations that have not yet been fully implemented: Establish
contingency plans for cybersecurity, including recovery plans for key
internet functions.
Recommendations that have not yet been fully implemented: Establish
dates for revising the National Response Plan and finalizing the
National Infrastructure Protection Plan (to include components related
to Internet recovery).
Recommendations that have not yet been fully implemented: Draft public/
private plans for Internet recovery and obtain input from key Internet
infrastructure companies.
Recommendations that have not yet been fully implemented: Review the
organizational structures and roles of DHS's National Communication
System (NCS) and National Cyber Security Division (NCSD) in light of
the convergence of voice and data communications.
Recommendations that have not yet been fully implemented: Identify the
relationships and interdependencies among the various Internet recovery-
related activities currently underway in NCS and NCSD.
Recommendations that have not yet been fully implemented: Establish
timelines and priorities for key efforts identified by the Internet
Disruption Working Group.
Recommendations that have not yet been fully implemented: Identify ways
to incorporate lessons learned from actual incidents and during cyber
exercises into recovery plans and procedures.
Recommendations that have not yet been fully implemented: Work with
private-sector stakeholders representing the Internet infrastructure to
address challenges to effective Internet recovery by (1) further
defining needed government functions, (2) defining a trigger for
government involvement in responding to a disruption, and (3)
documenting assumptions and developing approaches to deal with key
challenges that are not within the government's control.
Functional area: Crosscutting topics;
Recommendations that have not yet been fully implemented: Engage
appropriate stakeholders to prioritize key cybersecurity
responsibilities so that the most important activities are addressed
first.
Recommendations that have not yet been fully implemented: Prioritize a
list of activities for addressing underlying challenges that are
impeding execution of DHS responsibilities.
Recommendations that have not yet been fully implemented: Identify
performance measures and milestones for fulfilling prioritized
responsibilities and activities to address underlying challenges, and
track progress against these measures and milestones.
Source: GAO-06-383, GAO-06-385, GAO-06-672, GAO-05-434, GAO-04-780, GAO-
04-354, GAO-01-323.
[A] We made this recommendation to the Office of the Director of
National Intelligence.
[End of table]
Concluding Observations:
Critical infrastructure protection is vital to our national security,
economic vitality, and public health. Yet a decade after focusing on
improving our ability to protect our key assets and resources, progress
has been mixed, as Katrina demonstrated. It showed that significant
damage to critical infrastructure and key resources could disrupt the
functioning of businesses and government alike, underscoring the need
for the private and public sector to establish stronger partnerships
and working relationships in order to take a coordinated approach to
critical infrastructure protection. DHS has moved out by issuing the
National Infrastructure Protection Plan as a guiding framework for a
national effort, and is providing contractor, technical, and analytical
support to sectors, among other things, to encourage progress.
Likewise, some sectors--those who are more mature, have been regulated,
are more homogeneous, or had economic incentives, such as the threat of
Y2K--came together to collaborate, work effectively, and develop
protection strategies, even before DHS established the national plan.
But other sectors--those who have just been created, who have not
worked with federal agencies in the past, who are not regulated but
must volunteer to participate in the planning process, and who are
large and diverse--face bigger challenges in achieving this
coordination and rate of progress. Despite these challenges, each
sector submitted a protection plan to DHS. However, DHS has yet to
release them. Given the wide variance in the maturity of the sectors,
the quality, comprehensiveness, completeness, and consistency of the
plans remain to be seen. In addition, it is important to realize that
in some cases, the sector specific plan is really more of a first step-
-a "plan to plan." In other words, the sectors were only to describe
how they expect to identify and prioritize critical assets, how they
expect to assess their risks, vulnerabilities, threats and
consequences, and how they will approach developing protection
programs, not detail how they will implement them.
Thus, fulfilling its statutory responsibilities for ensuring the
nation's critical infrastructure is protected will be a long-term
commitment for DHS. This makes it even more important that DHS address
challenges that our work has identified over the years and for which we
have made a number of recommendations yet to be implemented, including
our body of work assessing the protection of cyber infrastructure.
These challenges include building trusted working relationships and
better collaborating with states and localities, given that the
infrastructure is in their communities, as well as the private sector,
given that they own most of the assets and resources. Challenges also
include providing the environment and incentives for the private sector
to voluntarily share information with DHS on gaps in vulnerabilities
and protective measures, information that the agency must have to be
able to ensure assets and resources critical to the nation are
protected. Challenges also include providing organizational stability
and leadership, addressing employee turnover and gaps in expertise, and
enhancing agency capabilities, such as for providing analysis and
warning and identifying and assessing threats and vulnerabilities.
Mr. Chairman, this concludes my statement. I would be pleased to answer
any questions that you or other members of the subcommittee may have at
any time.
Contact Information:
For further information on this testimony, please contact Eileen
Larence at (202) 512-8777 or by e-mail at larencee@gao.gov, or
regarding cyber-critical infrastructure protection issues, David Powner
at (202) 512-9286 or by e-mail at pownerd@gao.gov. Individuals making
key contributions to this testimony include Susan Quinlan, Assistant
Director; Michael Gilmore; Landis Lindsey; and Edith Sohna.
FOOTNOTES
[1] Pub. L. No. 107-296, 116 Stat. 2135 (2002).
[2] These critical infrastructure and key resource sectors include
agriculture and food; banking and finance; chemical; commercial
facilities; commercial nuclear reactors, materials, and waste; dams;
defense industrial base; drinking water and water treatment systems;
emergency services; energy; government facilities; information
technology; national monuments and icons; postal and shipping; public
health and health care; telecommunications; and transportation systems.
Critical infrastructure are systems and assets, whether physical or
virtual, so vital to the United States that their incapacity or
destruction would have a debilitating impact on national security,
national economic security, and national public health or safety, or
any combination of those matters. Key resources are publicly or
privately controlled resources essential to minimal operations of the
economy or government, including individual targets whose destruction
would not endanger vital systems but could create a local disaster or
profoundly damage the nation's morale or confidence. For purposes of
this report, we will use the term "critical infrastructure" to also
include key resources.
[3] GAO, High-Risk Series: An Update, GAO-07-310 (Washington, D.C.:
January 2007); Critical Infrastructure Protection: DHS Leadership
Needed to Enhance Cybersecurity, GAO-06-1087T (Washington, D.C.: Sept.
13, 2006); Critical Infrastructure Protection: Department of Homeland
Security Faces Challenges in Fulfilling Cybersecurity Responsibilities,
GAO-05-434 (Washington, D.C: May 26, 2005); and Internet
Infrastructure: DHS Faces Challenges in Developing A Joint
Public/Private Recovery Plan, GAO-06-672 (June 16, 2006).
[4] DHS is the sector-specific agency for 10 sectors: information
technology; telecommunications; transportation systems; chemical;
emergency services; commercial nuclear reactors, material, and waste;
postal and shipping; dams; government facilities; and commercial
facilities.
[5] The government facilities sector and the national monuments and
icons sector do not have sector councils because they have no private
sector components. As of March 2007, the transportation systems sector
had yet to form a private sector council.
[6] The White House, National Strategy to Secure Cyberspace
(Washington, D.C.: February 2003).
[7] There is no private sector component for the government facilities
sector or the national monuments and icons sector, so these sectors
established government councils but not private sector councils.
[8] As noted earlier, DHS serves as the sector-specific agency for 10
of the sectors: information technology; telecommunications;
transportation systems; chemical; emergency services; commercial
nuclear reactors, materials, and waste; postal and shipping; dams;
government facilities; and commercial facilities. In addition, each
government council is co-chaired by a DHS representative.
[9] The Federal Advisory Committee Act (codified at 5 U.S.C. app. 2)
was enacted, in part, to control the advisory committee process and to
open to public scrutiny the manner in which government agencies obtain
advice from private individuals and groups. See 648 F. Supp. 1353, 1358-
59 (D.D.C. 1986).
[10] GAO, High-Risk Series: An Update, GAO-05-207 (Washington, D.C.:
January 2005). Since 1990, we have periodically reported on government
operations that we have identified as high-risk. In January 2005, we
designated information sharing for homeland security as a
governmentwide high-risk area because, although information sharing was
receiving increased attention, this area still faced significant
challenges.
[11] GAO, Information Sharing: DHS Should Take Steps to Encourage More
Widespread Use of Its Program to Protect and Share Critical
Infrastructure Information, GAO-06-383 (Washington, D.C.: Apr.17,
2006).
[12] Pub. L. No. 109-295, § 671(b), 1355, 1433-41 (2006).
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